Dash cams are increasingly popular amongst drivers here in Texas. For many, they have gone from fun accessories to absolute “must haves” for drivers concerned about protecting themselves from spurious lawsuits in the unfortunate event of a collision. Videos of outrageous driver behavior, unsafe driving, road rage incidents, or even fraudulent “crash for cash” attempts get thousands of views, and they only reinforce the idea that if you don’t have a dash cam, you’re putting yourself at legal risk.
But are dash cams really that reliable? Can your dash cam footage help you win a car accident lawsuit when you believe you are not at fault? As with most legal questions, the answer is: it’s complicated.
But in general: yes! Dash cam footage can be valuable evidence in proving fault in a car collision. The state of Texas allows for the introduction of dash cam footage as evidence in legal proceedings. At the same time, it’s no guarantee, and many drivers make the mistake of either mishandling their footage or misunderstanding what it is their footage really shows.
Today, let’s talk about dash cams, car accident claims, and the Texas courts.
What Can a Dash Cam Show?
First off, what facts are intended to be shown in dash cam footage? What can a dash cam really show?
- Whether another driver ran a red light or stop sign
- The other vehicle’s speed or movement before the collision
- Unsafe lane changes or turns
- Distracted or aggressive driving
- The position of the vehicles immediately before impact
- Weather, traffic, and road conditions
- What happened immediately after the crash
- Statements or conduct by the drivers involved
This can be particularly important when the circumstances of the accident are disputed, which is very common in contentious cases. Another driver claims you suddenly changed lanes and caused the collision. If your dash cam clearly shows the other vehicle crossing into your lane, the recording could provide powerful evidence supporting your version of events.
Is Dash Cam Footage Admissible in a Texas Car Accident Case?
Potentially, yes. But simply having a video does not automatically mean it will be admitted as evidence.
In Texas, dash cam footage is subject to the same Rules of Evidence as any other evidence your attorney may introduce. Evidence needs to be relevant and properly authenticated, among other requirements.
The circumstances surrounding the recording can therefore matter. Questions may include:
- Is the video actually what you claim it is?
- Has the recording been edited or altered?
- Does the footage clearly show the events in question?
- Is the date and time information accurate?
- Is there audio, and if so, does it create any separate legal issues?
- Does the recording fairly depict what happened?
An attorney specializing in car accidents can evaluate the footage and determine how it may be used in your particular case.
What Should I Do With My Dash Cam Footage After an Accident?
If your dash cam recorded the collision, preserve the original footage as soon as possible.
Many dash cams continuously record and eventually overwrite older files, so it’s important to act fast to prevent further recording and preserve the memory card in a secure location. Do NOT keep using the card.
Here are steps to take:
- Save the original recording. Don’t rely solely on a social-media upload or edited clip. Save both the original file and two backup copies. Literally lock the memory card into a container and save it as future evidence. Do not throw away the card, ever.
- Avoid editing the footage. Preserve the complete recording whenever possible. Edited footage is less trustworthy and prone to being dismissed.
- Save footage from before and after the collision. Context can be important.
- Give the footage to your attorney. Your lawyer can determine what portions may be useful and how they should be preserved.
Don’t assume that only the few seconds showing the impact are important. Footage showing what happened immediately beforehand may help establish speed, positioning, traffic signals, or driver behavior.
Can Dash Cam Footage Can Help Establish Fault?
One of the biggest advantages of a dash cam is that it can provide an objective account of the collision.
In a typical car accident claim, the parties may offer conflicting explanations of how the crash occurred. Insurance companies may rely on police reports, photographs, witness statements, vehicle damage, and other evidence when evaluating liability.
Video can add another important piece to that picture.
Texas courts have recognized the significant evidentiary value that video can have in personal injury litigation. The State Bar of Texas has discussed cases in which courts considered video evidence particularly important because it allows factfinders to see conduct rather than relying solely on testimony.
A dash cam recording may therefore help your attorney demonstrate the sequence of events more clearly.
But, Be Careful. What Does Your Dash Cam Footage Really Show?
A quick aside. While dash cam footage can be valuable evidence in Texas car collision claims, it’s also up to interpretation. In your eyes, your footage might be undeniable proof that the other driver is at fault. And they might be! But, your behavior is subject to the same scrutiny.
- Did you do everything in your power to safely avoid the accident?
- Did you slow down, change lanes, or make a reasonable attempt to steer clear of the other driver?
- Was the time sufficient that an observant driver would be aware of the unsafe conditions and back off or make other changes to their own driving behavior?
Even if the other driver was in the wrong, there is room to establish only partial fault if you did nothing to avoid an obviously avoidable situation. This, too, is something your attorney can review with you. Again, is your dash cam footage really telling the story you want to tell?
And to be clear, even if you did not behave perfectly, your footage may still be valuable evidence, and you should never alter evidence to make yourself look better.
Can a Dash Cam Prove My Entire Car Accident Case?
Usually, no. A dash cam can be valuable evidence, but it is only one part of a car accident claim.
A personal injury case may also involve:
- Medical records and bills
- Photographs of the accident scene and vehicle damage
- Police reports
- Witness statements
- Insurance records
- Accident reconstruction evidence
- Lost-wage documentation
- Evidence concerning the nature and extent of your injuries
A recording can help establish how the collision happened, but it may not establish every element necessary to recover compensation.
Talk to a Texas Car Accident Attorney
If you’ve been injured in a car accident and your dash cam captured the collision, don’t overlook the potential value of that footage. A clear video can sometimes provide evidence that is difficult to establish through conflicting statements alone.
Reynolds & Reynolds Law Firm represents clients in Dallas-Fort Worth and throughout Texas in motor vehicle accident and personal injury cases. We specialize in auto accidents and helping injured clients pursue compensation for their injuries.
If you’ve been involved in a serious collision, consider preserving your dash cam footage and speaking with an experienced Texas personal injury attorney about your legal options.
This article is for general informational purposes only and is not legal advice. The facts and circumstances of every accident are different.